Legal Question in Criminal Law in Georgia

My brother in law was arrested thursday on something that was not his fault and i have some questions. This is the situation: Thursday morning on the way to my sisters house where he lives with her I passed by his mothers house and noticed that the entire street was blocked off and there were police surrounding her house along with about 5 other houses on the street. I went and told him he needed to go check it out and he went around there. As he walked up the police officer out front said there is nothing to see here you need to keep walking. He replied my mother lives here whats going on I need to check on her. The police responded whats your name and he gave him his name. He said do you sleep on the couch here and my bro responded no the police then said your a liar because your mother said you sleep on the couch sometimes your a** is going to jail. He was cuffed and put in the back of the police car at that moment. About 3-4 mins. later a narcotic officers come from the back yard with an ounce of cocaine and states that he found it in an old broken stove that sits in the back yard. They take him away and charge him with possesion with the intent to distribute. They did present a search warrant to his mother to search the house and the address is wrong however it was scratched out and his mothers address was written above it and it was initialed RC is that legal? Also the names on the warrants were Mother "Theresa" and son "John" and that is neither of their names. Futhermore can they charge him with possesion when ONE he was not at the home when the police got there, he does not live at the home, and the drugs were not found on him. Keep in mind that the backyard is openly accessible to anyone in the neighborhood and five other drug houses were busted on the same street so anyone could have been using that as their stash house. Do they really have a legit case against him? please help!


Asked on 11/09/10, 1:40 am

3 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Your brother-in-law needs a Georgia criminal defense attorney PRONTO! There's no better advice I can give you.

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Answered on 11/14/10, 4:14 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The only advice to give you here is that your brother needs a good lawyer - now - today - immediately.

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Answered on 11/14/10, 4:41 am
Lawrence Lewis Lawrence Lewis, P.C.

You have convoluted facts that boil down to this. The mother gave consent to search the house, so the warrant is a non-issue, which means all of the corrections on the warrant are a non-issue. Because the officers have a search warrant, they probably did not fall assbackwards into the drugs. If the officers made a controlled buy of cocaine from your brother-in-law days or weeks before the execution of the warrant, they have some circumstantial evidence tying him to the drugs that were not found on his person. IF the mother testifies against him at trial, he will have some problems, expecially if he has prior drug arrests and the mother has none. POLICE ARE NOT STUPID. HIRE AN ATTORNEY

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Answered on 12/03/10, 9:44 pm


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